11. Where-
(a) any employer is prosecuted for the failure to pay any remuneration to any employee in respect of any holiday, or |
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(b) in any case in which any employer is convicted for failing to pay any remuneration to any employee in respect of any holiday, evidence is given, under section 10, of any other failure of that employer to pay any remuneration to that employee or to any other employees in respect of any other holiday or holidays, |
| the burden of proving that such remuneration was paid shall lie on such employer. |